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(영문) 서울중앙지방법원 2017.08.08 2016나69552
구상금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On January 22, 2015, one Capital Co., Ltd. (hereinafter “one Capital”) entered into a siren agreement with C on the car B (hereinafter “instant vehicle”) with C for a siren period of 48 months for a siren period (hereinafter “instant siren agreement”) and provided a long-term lease of the instant vehicle to C.

B. On January 28, 2015, Han Capital concluded with the Plaintiff an automobile insurance contract with respect to the instant vehicle with the insurance period from January 28, 2015 to January 24:00 on January 28, 2016.

(hereinafter “instant insurance contract”). C.

1) The definition of the terms of Part I of the General Terms and Conditions of the instant insurance contract, and Article 1 Section 1 Section 14 of the Composition of the Automobile Insurance Act provides that “the insured” means any of the following persons entitled to claim compensation to an insurance company, and the specific scope of the insured is at the risk of complying with the respective coverage items,” “A. Name Insured refers to the insured who is designated by the policyholder from among those who own, use, and manage the insured motor vehicle, and indicated in the name insured column of the insurance policy,” “I: (c) you mean those who use or manage the insured motor vehicle with the consent of the registered insured,” and “I will mean those who use or manage the insured motor vehicle with the consent of the registered insured.” (ma. Insured: Name Insured, Acceptance Insured, and (Omission)) other insured [including a person operating assistant] on behalf of another insured person. (2) The insured column of the instant insurance policy stated one Capital, and the Special Terms and Conditions column stated “I are at least 26 years old.”

The defendant is C's friendship. On April 1, 2015, the defendant drinking alcohol together with C, and C is on board C while under the influence of alcohol level of 0.11%, while driving the instant vehicle while under the influence of alcohol level of 0.11%, and driving the instant vehicle, the Gangnam-gu Cheongdong-dong, Gangnam-gu Seoul.

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